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A crash at an intersection can leave you hurt, confused, and unsure about who is responsible. Was the other driver supposed to stop? Did they run a red light? Who had the right of way? These questions matter because fault helps determine who may recover compensation.
A Washington intersection accident lawyer can sort through the evidence and represent your interests in a disputed claim. In this guide, we’ll address the most common questions surrounding an intersection crash. Read on to learn more about how to determine who is at fault, what forms of compensation are available, and how a right-of-way accident lawyer can assist you.
Deciding who is at fault in an intersection accident often turns on a critical inquiry: who had the right of way and whether either driver violated a traffic rule. Washington law clearly spells out many right-of-way rules. When a driver breaks one of these rules and causes a crash, that driver is at risk of being held responsible.
One Washington rule provides that when two vehicles reach an uncontrolled intersection at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the driver of the vehicle on the right. Several other statutes are particularly important.
Under Washington law, every driver must obey any official traffic control device to which they are subject, including stoplights. Virtually every driver knows what each stoplight color means, but it’s worth reviewing the legal definition. A steady red light means you must stop before entering the intersection, usually at a specific line or crosswalk. A green light means you may proceed, provided you yield to vehicles that are already in the intersection. You must also yield to pedestrians who are lawfully walking through a crosswalk. Finally, a steady yellow light is a warning signal that the green movement is ending, and a red light will appear immediately after, giving you time to exit the intersection before the light turns red.
Drivers approaching a stop sign must halt at the marked stop line. If there isn’t a marked stop line, then drivers must stop before a crosswalk or, if there is none, at a point outside the intersection where they can see approaching traffic. Any driver approaching a yield sign must slow down or stop completely if necessary before entering the intersection. Drivers approaching a yield sign must give the right of way to oncoming vehicles. Driving past a yield sign without stopping can be prima facie evidence of a failure to yield if the driver then collides with a vehicle in the intersection.
A driver turning left at an intersection must yield to oncoming vehicles if they are close enough to create an immediate hazard. This rule also applies to drivers turning into an alley or a driveway.
A violation of any of these rules can be evidence of fault. However, the right of way is not always held by one driver in every circumstance. Rather, it is a set of competing duties that applies to all drivers. Even the driver with the right of way must exercise ordinary care to avoid a collision. That means fault in an accident is not always determined automatically. Police, insurers, and courts all consider the full circumstances surrounding each collision, including speed, visibility, environmental conditions, and each driver’s actions. These variables help explain why intersection crashes can turn into lengthy legal disputes.
A T-bone intersection accident, also called a broadside or side-impact crash, occurs when the front of one vehicle collides with the side of another in an intersection. These crashes can occur when a driver runs a red light, a stop sign, or a yield sign. One can also happen when a driver turns left into oncoming traffic.
Intersection collisions can involve commercial vehicles as well; if your crash involved a heavy commercial truck, consulting a Seattle truck accident lawyer can help protect your rights against powerful trucking companies and insurers.
Side impacts can be uniquely dangerous because car doors typically offer less protection than the front or rear of a vehicle. Modern cars have crumple zones, airbags, and reinforced frames at both ends. In contrast, the sides of a car offer less space between an occupant and the striking vehicle.
Common injuries from a t-bone intersection accident include:
Because these injuries can be severe and expensive, insurance companies may fight to shift blame onto you in the aftermath of this kind of crash. It’s vital to have an attorney on your side to investigate the crash and respond to unsupported claims about fault.
A failure to yield at an intersection crash can occur after several common scenarios. Some examples include situations where:
A failure to yield may be evidence of negligence, but it does not automatically establish fault in a civil personal injury claim.
Nonetheless, fault disputes remain common. The parties can dispute who is at fault due to disagreements over the circumstances. For instance, the other driver may claim that the light was yellow rather than red, or that you were speeding. Having a skilled Washington intersection accident lawyer at your side can help you investigate and respond to these claims.
Not every crash has one clear cause. Sometimes, both drivers made mistakes that led to the crash. In those situations, assessing intersection accident fault in Washington gets more complicated.
Washington follows a pure comparative fault rule. That rule states that an injured person’s own fault proportionately reduces their compensation, but will not bar recovery. Here’s how that works. Suppose you suffer $200,000 in damages from an intersection accident. After a trial, a jury finds that the other driver was 80% at fault because they ran a red light. However, the jury also finds you 20% at fault because you were speeding. That means you could still recover $160,000.
This rule matters for two reasons. First, you should not assume that you have no claim just because you may be partially to blame. Second, you can expect the other side to argue that you share more of the fault or are primarily responsible. The higher your percentage of fault, the more your potential recovery may be reduced. Having a lawyer to represent your interests can help you challenge any fault allocation that the evidence does not support.
Intersection crashes leave potential clues. These can include the following:
An experienced right-of-way accident lawyer knows how to request and preserve this evidence before it disappears. Once witnesses have left and the footage has been overwritten, it can become harder to prove your case.
If another driver’s negligence caused your intersection crash, you can pursue several types of damages:
Some forms of compensation are more difficult to recover than others. However, it’s always important to have documentation supporting your claims for damages. That’s why you should always keep records of all of your medical expenses and other losses.
A Washington intersection accident lawyer can help level the playing field for you after a disputed accident. You can expect insurers to assign experienced adjusters to your claim. Always remember that those adjusters work for the insurance company, not you.
A right-of-way accident lawyer can help you in several key ways, including:
In addition, an experienced and empathetic accident lawyer can listen to your concerns and address your questions.
At Brett McCandlis Brown & Conner, we bring more than 40 years of combined experience to injury claims. While we cannot guarantee any particular outcomes, we promise to apply our experience and ability on your behalf.
Before we accept your case, we explain what you can realistically expect, including the strengths and weaknesses of your claim, so that you can make informed decisions about your options.
Let us give you the support and assistance you need to protect your rights after an accident. Call us today or contact us online.
Legal References Used to Inform This Page
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